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Selling property in deceased name

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mOK

Junior Member
What is the name of your state? Oklahoma
My brother died, was never married, no children, and living with my mother. The house they lived in was in his name only. Mother never had the deed changed to her name and now she is in poor health in the nursing home. She has three living children. When something happens to her, we will sell the house and land. Can it be sold while still in my deceased brother's name or does it need to transferred into mother or preferably the living children names. I'm thinking it will automatically transfer to us upon her death but will it need to be probated or name transferred before we can sell.
 


S

seniorjudge

Guest
You will have to open a probate estate to transfer the interest of your deceased brother to his heirs (mother, father, brother, sister, son, daughter, etc. whoever his heirs are).

The only time there is an automatic transfer is when there is a joint tenancy or a nonprobate transfer (beneficiary deed, living trust, etc.)

After your mom goes, then you will also have to open an estate for her also.

You really should go to an estate planning attorney now.

If your mom is still competent, the attorney can show you ways you can get rid of her interests now so that you will not have to open an estate for her.
 

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